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Respect for safety The Court of Cassation, in its judgment of June 19, 2013, established that the repeated refusal of an employee to wear personal protective equipment (PPE) constitutes serious misconduct making it impossible for them to remain in the company .
Employee’s refusal to wear personal protective equipment as gross misconduct:-
The case involved a warehouse manager who was terminated for gross misconduct due to her persistent and intentional refusal to comply with safety instructions by not wearing required safety equipment, including shoes, gloves, cap and safety vest. The employee contested the dismissal.
According to the Court of Cassation, the behavior of the employee, taking into account in particular her role as manager responsible for setting an example for the members of her team, constituted serious misconduct justifying her dismissal. As part of her job, it was crucial for the employee to follow safety protocols and keep herself and others safe in the workplace.
Employer Obligation for Employee Safety and Employee Responsibilities:-
The decision underlines the employer’s obligation to ensure the safety and well-being of its employees. Employers are legally obliged to take all necessary measures to provide a safe working environment and to protect the physical and mental health of their staff. On the other hand, employees are required to follow the instructions and guidelines provided by their employer regarding occupational health and safety.
It is essential that both parties fulfill their respective responsibilities to maintain a safe working environment. Employers should prioritize the safety of their employees, while employees should follow safety protocols and use the necessary protective equipment to minimize risk.
Overall, the judgment of the Court of Cassation affirms that the persistent refusal of an employee to wear personal protective equipment constitutes serious misconduct, justifying his dismissal. This decision serves to emphasize the importance of workplace safety and the obligations of employers and employees to ensure a safe working environment .
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